Bill > S437

This bill establishes an Irrigation Contractor Board of Registration within the executive office of energy and environmental affairs to regulate individuals and businesses involved in irrigation contracting, which includes the construction, installation, repair, maintenance, and alteration of irrigation systems used for watering landscapes, controlling dust, or erosion. The board will consist of the secretary of energy and environmental affairs or their designee, along with six appointed members, including experienced irrigation contractors, a university extension employee with horticultural expertise, a professional irrigation consultant, and a public representative who is a licensed engineer, architect, or landscape architect. To become a registered irrigation contractor, individuals must be at least 18 years old, meet educational and training standards, be certified by a nationally recognized association, and pass a written and potentially oral examination demonstrating competency in planning, constructing, managing, and installing irrigation systems. Registered contractors must display their certificates and registration numbers on relevant documents and vehicles, and businesses offering irrigation contracting services must obtain a business permit from the board, which requires employing at least one registered contractor and maintaining proof of liability and workers' compensation insurance. Both individual contractors and businesses will be subject to fees for registration and permits, and continuing education will be required for certificate renewal, though waivers may be granted for hardship. The board has the power to refuse, suspend, or revoke certificates and permits for violations such as fraud, felony convictions, gross negligence, or allowing one's certificate to be used improperly, with penalties including fines and imprisonment for unlawful conduct, and violations may also be treated as unfair and deceptive business practices under Chapter 93A of the General Laws. Certain individuals and activities are exempt from registration, including employees working under direct supervision, homeowners installing systems at their own residences, golf course employees maintaining existing systems, those installing systems for specific agricultural crops, vendors of irrigation components performing limited services, and licensed landscape architectural, engineering, or irrigation consulting firms providing only design and oversight.